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Different Kinds Of Personal Injury Cases

If you or a loved one has been injured due to another person’s negligence, you may be entitled to compensation for your losses. These damages include medical bills, lost wages, property damage, and emotional trauma. These types of claims are often complicated and require an experienced personal injury attorney to navigate the legal system properly. In addition to ensuring your rights are protected, a personal injury attorney can also help you get the compensation you deserve.

Common Types

Personal injury law is a broad area of law that covers many different situations. From automobile accidents to dog bites, there are many situations in which a victim can file a personal injury claim. The five most common personal injury claims are auto accidents, medical malpractice, product liability, premises liability, and wrongful death. Regardless of the nature of the injury, it is important to hire an attorney to maximize your chances of winning.

Personal injury claims are generally based on a party’s negligence as opposed to their intention to cause harm to the victim. Accidents caused by negligence can result in a lawsuit, but a person can file a lawsuit in civil court if they were intentionally harmed. Intentional torts are even more serious and may involve criminal charges against the perpetrator.

Other common personal injury Massachusetts case results have included nursing home abuse, auto accidents, and medical malpractice. These injuries can cause further damage and result in additional medical expenses. Again, a personal injury attorney can assist you with your case and help you navigate the legal system.

Damages Awarded

Personal injury victims can file a lawsuit to seek compensation for their injuries. Damages awarded in a personal injury case cover compensatory, restitution, and punitive damages. The latter type of damages is awarded to punish the defendant for bad behavior and to deter others from committing the same mistakes.

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The amount of damages awarded depends on the injury’s nature, extent, and duration. Severe cases of injury will require more compensation. In general, minor injuries can be painful but may not require extensive medical care or rehabilitation. Medical experts may be required to assess future economic damages and support the claim for more serious cases.

In a personal injury case, economic damages are equal to the actual costs and losses of medical treatment. Keeping detailed records of all expenses will greatly increase the likelihood of receiving a fair amount. Similarly, pain and suffering damages are more difficult to quantify and may require the hiring of experts. Insurance companies generally use the multiplier method when calculating non-economic damages.

Limitations

The Statute of Limitations governs when you can file a lawsuit for personal injury. Typically, you have one year to file a lawsuit, but you can file it sooner if you have collected evidence. However, it is important to know that the statute of limitations can change from state to state. A personal injury attorney can advise you on the legal guidelines in your state.

Depending on the type of injury, the time frame can vary. Most states have statutes of limitations that prevent you from pursuing a lawsuit if you file it after the deadline. The most common type of personal injury lawsuit is a car accident with a two-year statute of limitations. However, if you file a medical malpractice claim, you may have a longer period.

Steps To Pursuing A Claim

A personal injury claim can be a long process. It starts with negotiating with the defendant to try and settle the claim. Then, the claim may be tried in court if the parties can’t agree. Once the case is in court, both parties present their case to a judge or jury. The process will take anywhere from a few days to a week. The judge will then decide if the defendant is at fault or not.

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If you can’t settle the case out of court, you can always file a lawsuit for compensation. To begin the process, you will have to put together a complaint. The complaint describes the accident, who was at fault, and the compensation you are seeking. After assembling these documents, you will send them to the defendant.